WILLIAMSON – A Mingo County couple has sued an attorney and others, claiming the husband was severely injured when a porch railing at a building owned by the attorney broke.
Michael and Kelly Bucci filed their complaint in Mingo Circuit Court against attorney Justin J. Marcum, T&K Development LLC and several individual John Doe individuals and corporations. Marcum is a former member of the House of Delegates who briefly ran for state Senate.
In his answer, Marcum denies the allegations and seeks to have the case dismissed.
Marcum
According to the complaint, Michael Bucci was an invited guest to a building, which is home to Marcum Law Office PLLC and owned by Marcum, located in Williamson on November 16, 2019. When he was exiting the building, he says he leaned on a rail on a porch on the rear of the building when the rail broke or gave way, causing him to fall 6-8 feet to concrete below.
Bucci says he sustained severe and life-threatening injuries including fractures to vertebrae, ribs, pelvis and head as well as a ruptured bladder. He says he has incurred medical bills in excess of $800,000.
The plaintiffs say the railing was unsafe and violated state and local building codes. They say the defendants repaired or replaced the railing soon after the incident.
In his answer, Marcum says Bucci was invited to the building by Marcum’s son for a birthday party. Marcum also says he is the owner of the building and admits the railing on the porch broke or gave way. Marcum said the party did not take place at his law firm, but it was in a room above the law firm offices and had a separate entrance.
“Plaintiff was seen stumbling while carrying beer and liquor into the said party,” Marcum says in his answer. “This defendant … denies that Mr. Bucci simply leaned on the rail of the porch attached to the rear of the building as defendant was informed that Mr. Bucci fell down the steps as he was extremely intoxicated.”
The Buccis accuse the defendants of negligence, gross negligence, recklessness and intentional spoliation of evidence. Bucci says he has suffered extreme physical pain and suffering, mental anguish, emotional distress and other damages.
The couple seeks compensatory damages for medical expenses, pain and suffering, other expenses, pre- and post-judgment interest, consortium and punitive damages.
They are being represented by Samuel D. Madia and Jonathan Wesley Prince of Shaffer Madia Law in Morgantown. Marcum is being represented by Randy Fife of Steptoe & Johnson’s Charleston office and Pau Frampton of Atkinson & Polak in Charleston. The case has been assigned to Circuit Judge Miki Thompson.
Mingo Circuit Court case number 20-C-145